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Friday, 2 May 2025

Debate Grows Over Recognizing Digital Access As A Fundamental Right In India To Bridge The Digital Divide And Promote Inclusive Growth.

In today’s digital age, access to the internet has become a cornerstone of socio-economic development. In India, where technology is transforming lives at an unprecedented pace, the question of whether digital access should be recognized as a fundamental right has gained significant traction.

Why Digital Access Matters

Digital access is no longer a luxury but a necessity. From online education and telemedicine to e-governance and digital banking, the internet is integral to accessing basic services. The COVID-19 pandemic underscored this reality, as millions relied on digital platforms for education, work, and communication.

However, India faces a stark digital divide. According to recent data, only about 50% of the population has access to the internet, with rural areas significantly lagging behind urban centers. This gap exacerbates inequalities in education, employment, and access to government schemes.

Legal and Constitutional Context

The Indian Constitution does not explicitly recognize digital access as a fundamental right. However, judicial interpretations have expanded the scope of existing rights to include digital dimensions. For instance, the Supreme Court in Anuradha Bhasin v. Union of India (2020) recognized that the right to freedom of speech and expression under Article 19(1)(a) extends to the internet. Similarly, the right to education under Article 21 has been linked to online learning access.

Advocates argue that declaring digital access a fundamental right could bridge the digital divide, ensuring equitable access to opportunities. It could also compel the government to prioritize infrastructure development and affordable internet services.

Challenges in Implementation

While the idea is promising, several challenges remain:

  • Infrastructure Gaps: Rural and remote areas lack reliable internet connectivity and electricity.
  • Affordability: High data costs deter low-income groups from accessing the internet.
  • Digital Literacy: Many citizens, especially in rural areas, lack the skills to navigate digital platforms.
  • Privacy Concerns: Increased digital access must be balanced with robust data protection laws.

The Way Forward

To make digital access a reality for all, India needs a multi-pronged approach:

  1. Policy Reforms: Subsidize internet services and expand schemes like BharatNet for rural connectivity.
  2. Public-Private Partnerships: Collaborate with tech companies to improve infrastructure and affordability.
  3. Digital Literacy Programs: Educate citizens on using digital tools effectively and safely.
  4. Legal Framework: Strengthen laws to protect user privacy and ensure equitable access.

Recognizing digital access as a fundamental right could be a game-changer for India’s inclusive growth. By addressing the digital divide, the country can empower its citizens to participate fully in the digital economy and democratic processes.

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